PROPERTY RELATIONS
As to application:
ACP
◦ When stipulated in the
marriage settlement (Art. 75);
◦ By default (Art. 75; i.e., future
spouses do not choose any
property regime); or,
◦ When a different property
regime was adopted but was
void (Art. 75).
CPG
◦ Only when stipulated in the
marriage settlement (Art. 75).
◦ Marriages contracted prior to
the effectivity of the Family
Code on August 3, 1988.
(Francisco vs. Master Iron Works
Construction Corp., G.R. No.
151967, Feb. 16, 2015)
ASOP
◦ When stipulated in the
marriage settlement (Art. 75);
◦ When ACP or CPG is dissolved
(Art. 138);
◦ When subsequent marriage
was contracted after the
death of one spouse but the
surviving spouse fails to comply
with Art. 103 or Art. 130;
◦ By judicial order (Art. 134).
As to properties prior to the marriage,
ACP CPG ASOP

◦ Community property (Art. 91). GR: Exclusive property (Art. 109) ◦ N/A

XPN: Fruits and income of such

properties become part of the
conjugal property (Art. 106)
As to properties during the marriage,
ACP CPG ASOP

Presumption: Community property Presumption: Conjugal property N/A

XPN (Art. 92): (Pintiano‐Anno v. Anno,G.R. No.
163743, Jan. 27, 2006)
◦ Property acquired by gratuitous
title, unless expressly stated
otherwise by the donor/testator
XPN (Art. 109):
◦ Property acquired by gratuitous
◦ Property for personal and exclusive title
use of either spouse, except
jewelry
◦ Property acquired by right of
redemption
◦ Property acquired, as well as its
fruits and income, before marriage ◦ Property acquired by barter or by
by either spouse who has exchange, provided property
legitimate descendants by a given up is an exclusive property of
former marriage the spouse

◦ Those excluded in the marriage ◦ Property purchased with exclusive

money of either spouse
settlement
As to the effect of separation in fact,
ACP CPG ASOP

The separation in fact shall not affect the regime, except that: N/A
(1) The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be supported;
(2) When consent of one spouse to any transaction of the other is
required by law, judicial authorization shall be obtained in a
summary proceeding.
(3) In case of insufficiency of community or conjugal partnership
property, separate property of both spouses shall be solidarily liable
for the support of the family. Spouse present shall, upon proper
petition in a summary proceeding, be given judicial authority to
administer or encumber any specific separate property of the other
spouse and use the fruits or proceeds thereof to satisfy the latter’s
share.

(Arts. 100 & 127, FC)

As to the effect of dissolution,
ACP CPG ASOP

What is divided equally between What is divided equally between N/A

the spouses is the net remainder the spouses is the net profits of
of the properties. the partnership.